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LEND-MOR MORTGAGE BANKERS CORP. v. NICHOLAS

2008-09654

69 A.D.3d 680 (2010)

893 N.Y.S.2d 566

2010 NY Slip Op 224

LEND-MOR MORTGAGE BANKERS CORP., Respondent, v. EDWARD NICHOLAS et al., Defendants, and AMERIQUEST MORTGAGE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

"Under New York's Recording Act (Real Property Law § 291), a mortgage loses its priority to a subsequent mortgage where the subsequent mortgagee is a good-faith lender for value, and records its mortgage first without actual or constructive knowledge of the prior mortgage" (Washington Mut. Bank, FA v Peak Health Club, Inc., 48 A.D.3d 793, 797 [2008...

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